BOBBY CROSBY AND LILLIAN CROSBY, HIS WIFE, APPELLANT,
v.
PAXSON ELECTRIC CO., A FLORIDA CORPORATION, APPELLEE
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PER CURIAM.
Appellants challenge the lower court’s entry of summary final judgment in favor of appellee. They contend that their amended complaint relates back, in that appellee suffered no prejudice when substituted for “John Doe Inc.” as a party. We find the statute of limitations argument, relied upon by appellee below and on appeal was previously raised before a different judge in the same case and court and in a previous appeal to this court. 534 So. 2d 787. Therefore, we find that the “law of the case” doctrine governs, and we reverse for further proceedings. See Airvac, Inc. v. Ranger Ins. Co., 330 So. 2d 467 (Fla.1976); Alford v. Summerlin, 423 So. 2d 482 (Fla. 1st DCA 1986); Valsecchi v. Proprie tors Ins. Co., 502 So. 2d 1310 (Fla. 3d DCA 1987).
REVERSED.
BOOTH and MINER, JJ., and WENTWORTH, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Grantham v. Blount, Inc., 683 So. 2d 538 (Fla. 2d DCA 1996)…d another party to the action in the future, the question in this ease is whether such a pleading serves either to commence an action against the real party or to toll the statute of limitations visa-vis that party. In Crosby v. Paxson Electric Co., 576 So. 2d 906 (Fla. 1st DCA 1991), the First District implied that a John Doe pleading can prevent the running of the statute of limitations, but it based its ruling on the law of the ease. The earlier decision, Crosby v. Paxson Electric Co., 534 So. 2d 787 (Fla.…
Authorities Cited
- Airvac, Inc. v. Ranger Ins. Co., 330 So. 2d 467 (Fla. 1976)
- John and Janet Valsecchi v. Proprietors Ins. Co., 502 So. 2d 1310 (Fla. 3d DCA 1987)
- Webb v. White, 423 So. 2d 482 (Fla. 1st DCA 1982)
- Alford v. Summerlin, 423 So. 2d 482 (Fla. 1st DCA 1982)
- Crosby v. Paxson Elec. Co., 534 So. 2d 787 (Fla. 1st DCA 1988)